3rd Caller

1. NO PURCHASE NECESSARY TO ENTER OR TO WIN. A PURCHASE WILL NOT INCREASE YOUR ODDS OF WINNING. ALL FEDERAL, STATE, LOCAL AND MUNICIPAL LAWS AND REGULATIONS APPLY. VOID WHERE PROHIBITED. 2. Eligibility. The 3rd Caller Contest (the "Sweepstakes") is open to U.S. residents (excluding Puerto Rico), 18 years or older at the time of entry. Employees of WKYC-TV, Inc., Gannett Co., Inc., all other sponsors, promotional partners and advertisers (collectively referred to as the "Sponsor") and each of their respective affiliated companies, subsidiaries, advertising or promotional agencies, and other agents, and the immediate family members of, and any persons domiciled with such employees, are not eligible. 3. Entry. Enter by watching WKYC-TV daily between Monday through Friday 5:00am - 7:00am. After WKYC-TV broadcasts the "call now" announcement, the 3rd caller to call 216-578-0707 will become a winner, provided that the caller meets the eligibility requirements stated in these Official Rules. You may call/enter the Sweepstakes as often as you like but are eligible to win only one (1) Prize per person every 90 days. WKYC-TV and all Sponsors will not be responsible for misdirected or disconnected call entries. 4. Prizes and Odds. One (1) Prize Winner will be selected. Available prizes vary on a daily basis. Odds of winning depend on the number of eligible calls received. 5. Winner Notification and Acceptance. Winners will be notified "live" on-air by a WKYC talent each day. Winners may waive their right to receive prizes. Prizes are nonassignable and nontransferable. No substitutions allowed, except that prizes and individual components of prize packages are subject to availability and Sponsor reserves the right to substitute prizes of equal or greater value. Winners are solely responsible for reporting and payment of any taxes on prizes. Winners may be required to complete an affidavit of eligibility, and a liability and publicity release (except where prohibited by law) which must be returned within ten (10) days of date of postmark. Failure to sign and return the affidavit or release within ten (10) days, or to comply with any term or condition of these Official Rules, may result in a winner's disqualification, the forfeiture of his or her interest in the prize, and the award of the prize to an alternate winner. Prizes won by minors will be awarded to parent or legal guardian who must sign any affidavit or release required by Sponsor. Except where prohibited, participation in the Sweepstakes constitutes entrant's consent to the publication of his or her name, biographical information and likeness in any media for any commercial or promotional purpose, without limitation or further compensation. For prize winners list (available after the 15th of each month for the prior calendar month) send a self-addressed, stamped envelope to WKYC-TV, Inc., 1333 Lakeside Avenue, Cleveland, OH 44114, Attn: 3rd Caller Contest Winners. 6. Participation. By participating, entrants agree to be bound by these Official Rules and the decisions of the judges. Sponsor reserves the right to disqualify persons found tampering with or otherwise abusing any aspect of this Sweepstakes as solely determined by Sponsor. In the event the Sweepstakes is compromised by tampering or other causes beyond the reasonable control of Sponsor which corrupts or impairs the administration, security, fairness or proper operation of the Sweepstakes, Sponsor reserves the right in its sole discretion to suspend, modify or terminate the Sweepstakes. 7. Limitations of Liability. By entering the Sweepstakes, entrant agrees that (1) any and all disputes, claims, and causes of action arising out of or in connection with the Sweepstakes, or any prizes awarded, shall be resolved individually without resort to any form of class action, and entrant waives his or her right to a jury trial for such disputes, claims, and causes of action; (2) any claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering the Sweepstakes, but in no event attorneys' fees; and (3) under no circumstances will any entrant be permitted to obtain any award for, and entrant hereby waives all rights to claim punitive, incidental or consequential damages and any and all rights to have damages multiplied or otherwise increased and any other damages, other than damages for actual out-of-pocket expenses. 8. Construction. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of any contestant and Sponsor, shall be governed by, and construed in accordance with the laws of the State of Ohio, without giving effect to any choice of law or conflict of law rules or provisions (whether of Ohio, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than Ohio. The invalidity or unenforceability of any provision of these rules shall not affect the validity or enforceability of any other provision. If any such provision is determined to be invalid or otherwise unenforceable, these rules shall be construed in accordance with their terms as if the valid or enforceable provision was not contained therein. 9. General Release. By entering the Sweepstakes, contestants release WKYC-TV, Gannett Co., Inc., all other sponsors, promotional partners and advertisers, as applicable and each of their respective affiliated companies, directors, officers, employees, representatives, partners and agents from any liability whatsoever for any claims, costs, injuries, losses or damages of any kind arising out of or in connection with the Sweepstakes or with the acceptance, possession or use of any prize (including, without limitation, claims, costs, injuries, losses or damages related to personal injuries, death, damage to, loss or destruction of property, rights of publicity or privacy, defamation or portrayal in a false light). 10. Sponsor. The 3rd Caller contest is sponsored by WKYC-TV and its various sponsors, promotional partners and advertisers, whose decisions regarding the selection of winners and all other aspects of the Sweepstakes shall be final and binding in all respects. Sponsor will not be responsible for typographical, printing or other inadvertent errors in these Official Rules or in other materials relating to the Sweepstakes. If you have any questions regarding this Sweepstakes, please contact Loren Straka, 1333 Lakeside Avenue, Cleveland, OH 44114 or lstraka@wkyc.com.